1. Depending on their nature and duration, penalties are classified as serious, less serious, and minor.
2. The following are considered serious penalties:
a) Life imprisonment with review.
b) Imprisonment for more than five years.
c) Absolute disqualification.
d) Special disqualifications for more than five years.
e) Suspension from employment or public office for more than five years.
f) Deprivation of the right to drive motor vehicles and mopeds for more than eight years.
g) Deprivation of the right to possess and carry weapons for more than eight years.
h) Deprivation of the right to reside in or visit certain places for more than five years.
i) Prohibition from approaching the victim or any of their family members or other persons determined by the judge or court for more than five years.
j) Prohibition from communicating with the victim or any of their family members or other persons determined by the judge or court for more than five years.
k) Deprivation of parental rights.
3. Less serious penalties include:
a) Imprisonment from three months to five years.
b) Special disqualifications for up to five years.
c) Suspension from employment or public office for up to five years.
d) Deprivation of the right to drive motor vehicles and mopeds for one year and one day to eight years.
e) Deprivation of the right to possess and carry weapons for one year and one day to eight years.
f) Special disqualification from practicing any profession, trade, or business related to animals and from owning animals for one year and one day to five years.
g) Deprivation of the right to reside in or visit certain places for a period of six months to five years.
h) Prohibition from approaching the victim or any of their family members or other persons designated by the judge or court for a period of six months to five years.
i) Prohibition from communicating with the victim or any of their family members or other persons designated by the judge or court for a period of six months to five years.
j) A fine of more than three months.
k) A proportional fine, whatever its amount, except as provided in paragraph 7 of this article.
l) Community service for a period of thirty-one days to one year.
4. The following are minor penalties:
a) Deprivation of the right to drive motor vehicles and mopeds for a period of three months to one year.
b) Deprivation of the right to possess and carry weapons for a period of three months to one year.
c) Special disqualification from practicing any profession, trade, or business related to animals and from owning animals for a period of three months to one year.
d) Deprivation of the right to reside in or visit certain places for a period of less than six months.
e) Prohibition from approaching the victim or any of their family members or other persons determined by the judge or court, for a period of one month to less than six months.
f) Prohibition from communicating with the victim or any of their family members or other persons determined by the judge or court, for a period of one month to less than six months.
g) A fine of up to three months.
h) House arrest for one day to three months.
i) Community service for one to thirty days.
5. Subsidiary personal liability for non-payment of a fine shall be of a less serious or minor nature, depending on the nature of the penalty it replaces.
6. Accessory penalties shall have the same duration as the principal penalty, except as expressly provided in other provisions of this Code.
7. The penalties applicable to legal entities, all of which are considered serious, are the following:
a) Fixed or proportional fines.
b) Dissolution of the legal entity. Dissolution shall result in the definitive loss of its legal personality, as well as its capacity to act in any way in legal transactions, or to carry out any kind of activity, even if lawful.
c) Suspension of its activities for a period not exceeding five years.
d) Closure of its premises and establishments for a period not exceeding five years.
e) Prohibition from engaging in the future in the activities through which the crime was committed, facilitated, or concealed. This prohibition may be temporary or permanent. If temporary, the term may not exceed fifteen years.
f) Disqualification from obtaining public subsidies and aid, from contracting with the public sector, and from enjoying tax or Social Security benefits and incentives, for a period not exceeding fifteen years.
g) Judicial intervention to safeguard the rights of workers or creditors for the time deemed necessary, which may not exceed five years.
The intervention may affect the entire organization or be limited to some of its facilities, sections, or business units. The Judge or Court, in the judgment or subsequently by order, will determine the exact scope of the intervention and who will be in charge of the intervention and within what timeframes they must submit progress reports to the judicial body. The intervention may be modified or suspended at any time after a report from the intervenor and the Public Prosecutor. The receiver shall have the right to access all the facilities and premises of the company or legal entity and to receive all the information deemed necessary for the performance of their duties. Regulations shall determine the aspects related to the performance of the receiver's duties, such as remuneration and required qualifications.
The temporary closure of premises or establishments, the suspension of business activities, and judicial intervention may also be ordered by the Investigating Judge as a precautionary measure during the investigation of the case.